Struck It Lucky At Last - 2011 Selectee
#1
Posted 28 June 2010 - 09:01 AM
I have been entering myself and my wife into the DV Lottery since 2008 and to my surprise my wife got selected this year (2011)! First of all I entered with the help of USAFIS - so to put everyone at rest they do in fact do what they say they will. I pretty much gave it up as a bad job a while ago and imagine my surpise when they called me. I already double checked my case number with the KCC and it is above board. You go USAFIS, yeah, but leave me alone now, I don't want the language packs!
Now, I have a lot of questions and luckily I found this great forum. It seems the people on this forum are very well informed and knowledgable. Hopefully I will get some answers here!
Here goes:
1. My wife qualifies on her matric certificate - 1982 Gauteng - is this sufficient or must we provide additional work experience?
2. I managed to secure a job in the US (Los Angeles specifically, I am a software developer) for an employer that is keen to sponsor me for an H1B. We just have not filed yet as we are waiting for the economy to show a slight improvement. Obviously with us winning the GC lottery winning it changes the picture, I would assume? Does my wife have to prove sponsorship as she is the one who won the GC lottery or can I as I already have a job in the US lined up?
3. Our case number is 2011AFxxx16xxx, am I correct that our interview would probably be around Dec 2010 - Feb 2011?
4. Let's assume our interview is successful, how long after a successful interview can we expect to get our visa? I read somewhere that once you get the DV visa you have to be in the states within 6 months. And then how long does it take before we would get our Green Cards?
5. Should I do the process myself or should I get a lawyer to assist? What is the norm? A law firm offered their services via USAFIS for around $3500 for our family. Personally I think it is a rip off and I should do the process myself. Please advise.
As you can surely see, I need a lot of answers. Please help!
Riaan Gouws
#2
Posted 28 June 2010 - 10:20 AM
1. My wife qualifies on her matric certificate - 1982 Gauteng - is this sufficient or must we provide additional work experience?
No, this is sufficient. She will have to produce her original matric certificate. This is all that is needed to provide proof that she is eligible.
(overall, they still look to see if you can maintain yourselves in the USA, including employability etc, but she will not have to provide proof of work experience.
2. I managed to secure a job in the US (Los Angeles specifically, I am a software developer) for an employer that is keen to sponsor me for an H1B. We just have not filed yet as we are waiting for the economy to show a slight improvement. Obviously with us winning the GC lottery winning it changes the picture, I would assume? Does my wife have to prove sponsorship as she is the one who won the GC lottery or can I as I already have a job in the US lined up?
Are you now intending to drop the H1b sponsorship? That would by far seem to be the most sensible thing to do. While an H1B is a 'dual intent' visa, meaning that you can enter on that at the same time a Green Card application to immigrate is pending, the moment your Green Card is issued, your H1B visa is cancelled. In any case, even if filing NOW, and going through the expense and hassle, the fiscal year for issuing H1B 2011 visas - which is the year you would currently fall into - is 01 October 2010. This mans that some weeks after that, you could in fact have your H1B in hand, and leave for the USA, only to have the Green Card processing happening (and the expense and hassle of that) a mere 2 or 3 months later.
Your wife does not need to show 'sponsorship' of you or anything. (She can't in fact, sponsor you a H1b visa) The fact that you are married entitles you to a DV2 visa (derivative of her DV1) automatically - but of course you must produce original marriage certificate, birth certificate etc. Both a DV1 and a DV2 = Green Card once you land.
If, by sponsorship, you mean the financial aspect of your application - remember that you don't need a sponsor as such - this is not required on a DV visa. You would only need a sponsor if you are unable otherwise to satisfy them that you have sufficient funds to support yourselves until you are employed. They take into consideration your employability, your age, your health etc in making this decision. By far the majority of people who have won the DV on this forum have not shown any form of sponsorship, or job lined up etc, but have shown bank statements and similar showing sufficient resources.
3. Our case number is 2011AFxxx16xxx, am I correct that our interview would probably be around Dec 2010 - Feb 2011?
Do you mean 2011AF16xxxx (i.e. your number is 16 thousand and something?) If so, yes, you will probably be interviewed pretty much within the timeframe you indicate.
4. Let's assume our interview is successful, how long after a successful interview can we expect to get our visa? I read somewhere that once you get the DV visa you have to be in the states within 6 months. And then how long does it take before we would get our Green Cards?
You get your visas within a few days of the interview, and you can fly immediately - yes the visas only have a 6 month validity, so you must land within 6 months. Once you land, your DV visa in your passport, with the landing stamp = your Green card, and can be used as such for re-entry to the USA, for starting work etc until the actual plastic cards arrive in the mail. The wording tellin you that is on the visa itself. Of late Green Cards seem to be taking about 3 weeks or so after the day you land to arrive in the mail, but sometimes 1-2 months, even a bit longer.
5. Should I do the process myself or should I get a lawyer to assist? What is the norm? A law firm offered their services via USAFIS for around $3500 for our family. Personally I think it is a rip off and I should do the process myself. Please advise.
There is absolutely no reason to get a lawyer to assist in this - it is so very straightforward. Just about everyone here has done it themselves and been successfull. Otherwise you are paying a lawyer to tell you what you can find out on this forum and on the official websites at no cost.
- You fill in your forms and send back to KCC.
- You watch the visa bulletin to see when your number will become current.
- You get all your paperwork (matric certificate, birth, marriage certificates etc).
- When notified of your interview date, you go for your medicals.
- You then take your passports and your paperwork to the consulate for the interview.
The only time I would get a lawyer involved is if you have something very complicated - like children from a prior marriage and you are not getting the right spousal approval, etc
I hope this helps - I'm sure others will 'chip in' too.
Congratulations, and let us know how things progress, so peope can in turn, learn from your experience.
#3
Posted 28 June 2010 - 11:00 AM
Thanks for the prompt reply. Your information is very useful and I can see you have loads of experience with this subject!
I have a few comments / questions remaining:
Firstly around point number 2 which is the whole proving that you won't be a charge to the US state:
I think you minsunderstood my question or perhaps I asked it poorly. When they evaluate whether we would be able to support ourselves in the US, would it matter who of us two has a job already? I have a job offer on the table. My wife would like to work, but we are planning for her to stay at home at first. I don't have the oodles of cash available in the bank. Will the fact that I have a job from day 1 landing in the states count? I am not the lottery winner, but my wife is.
By the way, what would construe as "sufficient resources" in terms of funds available in the bank?
Case Number: Our case number is in fact 2011AFxxx16xxx. It is 14 digits long.
Once we land in the US with our DV visas and get the "GC" stamp, is there a required timeframe that we have to stay in the US? Will our green cards become void if we leave the states after a month?
Riaan
#4
Posted 28 June 2010 - 11:20 AM
Ah, yes, I wasn't sure which way you meant the sponsorship.
No, it doesn't matter that it is you that has a job offer. If you have a job offer on the table, get that in writing (on letterhead if possible, not an email etc), and at the interview they will consider that as part of your ability to support yourselves, be working etc. It doesn't have to be your wife who has the job offer, it can be you.
Once we land in the US with our DV visas and get the "GC" stamp, is there a required timeframe that we have to stay in the US? Will our green cards become void if we leave the states after a month?
I've posted somewhere on this forum the legalities about this - very briefly, you risk losing your Green Card if you are absent from the USA for ANY length of time, if they deem you to have abandoned your residency.
In practice, many people go and land, and then go back to SA or wherever and take a few more months to tie things up, before returning full time to the USA. This is generally not a problem. When you enter again, you will always be asked (and they have the info available to double check) ' how long have you been outside of the USA?' If it is longer than 6 months, you are generally going to be deemed to have abandoned your residency - and they will do other checks - such as verify that you have a home in the USA, that you filed taxes etc to make a decision on that. Also, if you are away more than 6 months, you have broken your continuous residency when it comes to the 5 year wait for citizenshiop, and the counter to wait for that goes back to zero.
If you are out of the USA for more than a year, you cannot, in fact return on your Green Card alone. You will need to get a special visa to do so. You can apply, while in the USA, for permission to be out of the USA for up to 2 years, and you must bring that letter of approval with you when you do land back. However, as stated, they can at any time deem you to have abandoned your residency, and it will be up to you to prove that you have not. Under 6 months, you generally won't have a problem, unless they see a pattern of arriving for a few days, leaving for 6 months, arriving for a few days, leaving for 6 months etc.
Also, remember that from the day you land, you are a USA resident for tax purposes, and MUST file a tax return annually from then on, reporting your annual income, regardless of whether or not you actually earned a cent in the USA. Failure to file a tax return can be used as evidence to show you have abandoned your USA residency, and will cause a problem if/when you ever apply for citizenship.
(If you use the 'SEARCH' functionality you will find some more on this under the MONEY section.
Hope this helsp too!
#5
Posted 28 June 2010 - 06:04 PM
Take Care
Oscar
#6
Posted 04 July 2010 - 02:49 AM
I have a couple of questions regarding documentation:
1. I have been married before. I read that one of the requirements is a divorce letter / certificate. Do I need one even though I have re-married? Should my unabridged married certificate not be sufficient?
2. We are planning a look and see trip for September. One of the questions on the forms is whether we have ever been in the US and had a visa. We currently do not have the visitors visa, but will apply soon. How should I answer the question? Leave the visa and US visit out or what?
3. Is the police clearance certificate only required for the interview? Our interview should be Dec 2010 - Feb 2011 - ish. Can the clearance expire after that? Must we produce the clearance after the interview again?
4. What interest can I have remaining in SA when I leave for the US? I own a house which I plan to rent out and I also have my own business here. My business is self sufficient and I do remote consulting for companies. Will this be a problem or is it fine?
5. Will having my own business in SA that generates a nice income count towards me not being a charge to the US?
Riaan
This post has been edited by RiaanGouws: 04 July 2010 - 04:11 AM
#7
Posted 04 July 2010 - 05:32 AM
1. I have been married before. I read that one of the requirements is a divorce letter / certificate. Do I need one even though I have re-married? Should my unabridged married certificate not be sufficient?
I am not sure on this point but, but I would assume that you will need a copy of your divorce papers.
2. We are planning a look and see trip for September. One of the questions on the forms is whether we have ever been in the US and had a visa. We currently do not have the visitors visa, but will apply soon. How should I answer the question? Leave the visa and US visit out or what?
I would not mention this on you application, plans can change, so just keep it loose.
3. Is the police clearance certificate only required for the interview? Our interview should be Dec 2010 - Feb 2011 - ish. Can the clearance expire after that? Must we produce the clearance after the interview again?
Our police clearance certificate expired, as our interview was 12 months after receiving the winning letter, so we reapplied for police clearance certificates six months before the interview.
4. What interest can I have remaining in SA when I leave for the US? I own a house which I plan to rent out and I also have my own business here. My business is self sufficient and I do remote consulting for companies. Will this be a problem or is it fine?
You can have property and a business, but you will also have to declare the income you derive from other sources on your IRS tax return, as well as submitting tax returns to SARS.
5. Will having my own business in SA that generates a nice income count towards me not being a charge to the US?
Yes it will help... uncle Sam at the IRS will also be holding out his hand for a share. You may have to consult with an accountant or tax specialist.
In the USA there is
www.jacksonhewitt.com
www.hrblock.com
This post has been edited by oscar: 04 July 2010 - 05:35 AM
#8
Posted 04 July 2010 - 06:43 AM
Just a further perspectie on question 2 - Oscar has given you great answers, BTW, but regarding your look and see trip for September:
1) When you send your forms back to KCC, you are signalling your intent to immigrate to the USA.
2) I agree with Oscar - at this stage you have no visa, and have not visited the USA, so you will state that you have not.
3) However, when applying for the B1/2 visa to visit, you will be asked if you have ever applied to immigrate to the USA, you will have to answer 'YES'. Now, the B1/2 visa (the visitor visa) does not permit 'dual intent' - i.e. you cannot get this non-immigrant visa at the same time as an immigrant visa is pending. Also, for a B1/2 visa, you are assumed to be a potential immigrant, and YOU have to prove otherwise. Very difficult, given your impending application. I would think you stand a very strong chance of this visa being denied, and you will have to wait until you get your DV visa to visit.
An alternative strategy - if the Look See visit is very important - would be to NOT submit your documents to KCC now, but to get the visitor visa now first, e.g in July, then in August/September, submit your documents to KCC. This means that when you submit your B1/2 visa application, you will not yet have applied to immigrate. Waiting a month to submit the DV docs to KCC won't affect when you actually get an interveiw. But then you will have to state on the KCC forms that you do indeed have a B1/2 visa etc. Most important is to be honest about each visa type when applying for the other.
At this stage, I think you may want to postpone the look and see trip to avoid complications. Woodie on this forum just had this exact issue, and you may want to search for those posts - DV interview was 29 June, and work was requiring travel to the USA in August/September etc.
Good luck!
#9
Posted 04 July 2010 - 07:32 AM
1. How long before our scheduled interview (I'm getting around Dec - Feb based on our 16xxx number) must we submit our documents to the KCC?
2. Do you mean that we can submit our documents to the KCC after our B1/2 interview or only after our return from our Look - See trip?
3. Does this put our DV interview at any sort of risk? If there is even the slightest risk, I'll rather not do the look - see trip.
Riaan
This post has been edited by RiaanGouws: 04 July 2010 - 08:10 AM
#10
Posted 04 July 2010 - 02:18 PM
RiaanGouws, on 04 July 2010 - 09:32 AM, said:
1. How long before our scheduled interview (I'm getting around Dec - Feb based on our 16xxx number) must we submit our documents to the KCC?
2. Do you mean that we can submit our documents to the KCC after our B1/2 interview or only after our return from our Look - See trip?
3. Does this put our DV interview at any sort of risk? If there is even the slightest risk, I'll rather not do the look - see trip.
Riaan
As long as KCC has your documents BEFORE you number is published as becoming current, it doesn't matter. So if you estimate it will become current in December, that means that you will know this by sometime October, when the November bulletin comes out, with advance advice of December's numbers. You want to make sure that you documents are with KCC by October then - as they then pull up all those numbers and start to get the interviews scheduled. If you send it later, you can still get an interview, however, as long as your number is current, but the sooner the better.
So, you could apply for the B1/2 visa now (you don't need to wait until you have booked tickets). In the question about immigration, you can state that you have not applied to immigrate, but I would suggest that you also state that you have been drawn in DV2011. Once you have your B1/2 visa, and before your trip, you can submit your documetns to KCC - if in fact they grant the B1/2.
No, your DV interview won't be at risk, but just be sure to be honest in your documentation - you will then have to state in your KCC document that you hold a B1/2 visa, and that you have not travelled to the USA but intend doing so. Just be honest.
Another way is to save the money and forgo the B1/2 visa, get the DV visa, land in the USA , and do your look and see, return to SA, and then pack up and move to the USA within a couple of months.
#12
Posted 07 July 2010 - 12:14 PM
RiaanGouws, on 07 July 2010 - 01:55 PM, said:
We are going to forego our look & see. Doing the look & see won't change our minds anyways.
Quick question: Can we book one way tickets to the US with our DV visa in our passports or must it be return?
Rian
You can book one way tickets to the USA. (when I left SA in 2007, I was on a one way ticket). If you are going to apply for forex, you will need to produce the ticket - sometimes they will give you a hard time about the one way ticket, but they shouldn't - you are entitled to get your forex on a one way.
However, you will almost certainly find that a 'cheap' return ticket is considerably less expensive than a one way ticket - so most people simply leave on a return and throw away the return portion when it is no longer valid.
#13
Posted 08 July 2010 - 09:53 AM
Congrats!
Winning that thing is pretty exciting, I know I've been there
RiaanGouws, on 28 June 2010 - 03:01 PM, said:
Really?
I would have thought you'd need MUCH more than a matriculation to qualify for a DVI.
I know of people with degrees and some experience who hasn't been successful, so I'm quite surprised!
Also, if your wife is the primary DVI qualifier then you should automatically get it based on the fact that you're her spouse, no?
That's how my wife got hers and that's how I understand it works - I might be wrong
Anyway, I'm sure you're going to find this whole journey to have it's highs and lows, hope you have lots of fun with it all.
Lots of information already in the forum, have fun searching
#14
Posted 08 July 2010 - 11:27 PM
You need a matric equivilent to 12 years of school in the US. Or you need your job to be in a specific category and grade, which her is if the matric did not work out (Accountant).
http://www.travel.st.../visa_4756.html
Riaan
#15
Posted 10 July 2010 - 01:01 AM
Malamute, on 04 July 2010 - 02:43 PM, said:
Yep - I wrestled with a similar issue. I was planning a trip to the US before I received my DV letter from KCC. I was unsure of how to proceed with the DV docs versus the B1/B2 application. In the end I decided that being completely open and honest was the best policy and it worked out. I decided to hold back on the DV forms submission until I had completed the B1/B2 visa application (in fact I will only submit my DV forms when I return from my visit to the US in Aug).
Keep in mind that the systems are kept up to date and don't try and 'play' the system. During my interview for the B1/B2 visa the official asked me if I had entered the DV lottery. Obviously this was a small test from his side as the fact that I had been selected in the 2011 draw was on the screen in front of him. I told him that my trip to the US was planned before I received the DV letter from KCC and that I intended submitting my forms once I returned from my August trip to the US. This answer seemed to satisfy him and he advised that my B1/B2 visa was approved, but that it would be cancelled as soon as my DV process was successfully completed.
At this stage, I will travel to the US from 19-27 August and I will submit my DV forms upon my return. This way I can honestly complete the forms with the information that I have been issued with a B1/B2 visa and that I have previously visited the US. My application forms will reach KCC early September - well before my 48XXX number becomes current.

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